THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952 

______ 

ARRANGEMENT OF SECTIONS 
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PART I 

PRELIMINARY 

SECTIONS 

1.  Short title. 

2.  Definitions. 

CONDUCT OF PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS 

PART II 

3.  Returning Officer and his assistants. 

4.  Appointment of dates for nominations, etc. 

5.  Public notice of election. 

5A. Nomination of candidates. 

5B. Presentation of nomination papers and requirements for a valid nomination. 

5C. Deposit. 

5D. Notice of nominations and the time and place for their scrutiny. 

5E. Scrutiny of nominations. 

6. Withdrawal of candidature. 

7. Death of candidate before poll. 

8. Procedure in contested and uncontested elections. 

9. Manner of voting at elections. 

10. Counting of votes. 

11. Declaration of results. 

12. Report of the result. 

PART III 

DISPUTES REGARDING ELECTIONS 

13. Definitions. 

14. Authority to try election petitions. 

14A. Presentation of petition. 

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SECTIONS 

15. Form of petitions, etc., and procedure. 

16. Relief that may be claimed by the petitioner. 

17. Orders of the Supreme Court. 

18. Grounds for declaring the election of a returned candidate to be void. 

19. Grounds for which a candidate other than the returned candidate may he declared to have been 

elected. 

20. Transmission of orders to the Central Government and its publication. 

PART IV 

MISCELLANEOUS 

20A.  Return or forfeiture of candidate‟s deposit. 

21.  Power to make rules. 

22.  Maintenance of secrecy of voting. 

23.  Jurisdiction of civil courts barred. 

The Presidential and Vice-Presidential Elections Rules, 1974. 

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THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952 

ACT NO. 31 OF 1952 

An  Act  to  regulate  certain  matters  relating  to  or  connected  with  elections  to  the  offices  of 

[14th March, 1952.] 

President and Vice-President of India. 

BE it enacted by Parliament as follows:— 

PART I 

PRELIMINARY 

1. Short title.—This Act may be called the Presidential and Vice-Presidential Elections Act, 1952. 

2. Definitions.— In this Act, unless the contest otherwise requires,— 

(a) “article” means an article of the Constitution; 

(b) “election” means a Presidential election or Vice-Presidential election; 

(c)  “election  Commission”  means  the  Election  Commission  appointed  by  the  President  under 

article 324; 

(d)  “Elector”,  in  relation  to  a  Presidential  election,  means  a  member  of  the  electoral  college 
referred  to  in  article  54,  and  in  relation  to  a  Vice-Presidential  election,  means 1[a  member  of  the 
electoral college referred to in article 66;] 

(e) “prescribed” means prescribed by rules made under this Act; 

(f) “Presidential election” means an election to fill the office of the President of India; 
2[(ff) “public holiday” means any day which is a public holiday for the purposes of section 25 of 

the Negotiable Instruments Act, 1881 (26 of 1881);] 

(g) “Returning Officer” includes an Assistant Returning Officer performing any function which 

he is 3[competent] to perform under sub-section (2) of section 3; 

(h) “Vice-Presidential election” means an election to fill the office of the Vice-President of India. 

CONDUCT OF PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS 

PART II 

3.  Returning  Officer  and  his  assistants.—(1)  For  the  purposes  of  each  election  the  Election 
Commission shall, in consultation with the Central Government, appoint a Returning Officer who shall 
have his office in New Delhi and may also appoint one or more Assistant Returning Officers. 

(2)  Subject  to  rules  made  under  this  Act,  every  Assistant  Returning  Officer  shall  be  competent  to 

perform all or any of the functions of the Returning Officer. 

1. Subs. by Act 5 of 1974, s. 2, for  “a member of either House of Parliament” (w.e.f. 23-3-1974).   
2. Ins. by s. 2, ibid. (w.e.f. 23-3-1974).  
3. Subs. by s. 2, ibid., for “authorised” (w.e.f. 23-3-1974). 

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4.  Appointment  of  dates  for  nominations,  etc.—1[(1)  The  Election  Commission  shall,  by 

notification in the Official Gazette, appoint for every election— 

(a)  the  last  date  for  making  nominations,  which  shall  be  the  fourteenth  day  after  the  date  of 
publication  of  the  notification  under  this  sub-section,  or,  if  that  day  is  a  public  holiday,  the  next 
succeeding day which is not a public holiday; 

(b) the date for the scrutiny of nominations, which shall be the day immediately following the last 
date for making nominations or, if that day is a public holiday, the next succeeding day which is not a 
public holiday; 

(c) the last date for the withdrawal of candidatures, which shall be the second day after the date 
for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not 
a public holiday; 

(d) the date on which a poll shall, if necessary, be taken, which shall be a date not earlier than the 

fifteenth day after the last date for the withdrawal of the candidatures.] 

(2)  In  the  case  of  the  first  Presidential  and  Vice-Presidential  elections,  the  notifications  under                  

sub-section (1) shall be issued as soon as may be after both Houses of Parliament have been constituted. 

(3) In the case of an election to fill a vacancy caused by the expiration of the term of office of the 
President  or  Vice-President,  the  notification  under  sub-section  (1)  shall  be  issued  on,  or  as  soon  as 
conveniently  may  be  after,  the  sixtieth  day  before  the  expiration  of  the  term  of  office  of  the  outgoing 
President  or  Vice-President,  as  the  case  may  be,  and  the  dates  shall  be  so  appointed  under  the  said                
sub-section  that  the  election  will  be  completed  at  such  time  as  will  enable  the  President  or  the                    
Vice-President thereby elected to enter upon his office on the day following the expiration of the term of 
office of the outgoing President or Vice-President, as the case may be. 

(4) In the case of an election to fill a vacancy in the office of President or Vice-President occurring by 
reason  of  his  death,  resignation  or removal  or  otherwise,  the  notification  under sub-section  (1) shall  be 
issued as soon as may be after the occurrence of such vacancy. 

2[5. Public notice of election.—On the issue of a notification under sub-section (1) of section 4, the 
Returning  Officer  for  the  election  shall  give  public  notice  of  the  intended  election  in  such form  and  in 
such manner as may be prescribed, inviting nominations of candidates for such election and specifying 
the place at which the nomination papers are to be delivered. 

 5A. Nomination of candidates.—Any person may be nominated as a candidate for election to the 

office of President or Vice-President if he is qualified to be elected to that office under the Constitution. 

5B.  Presentation  of  nomination  papers  and  requirements  for  a  valid  nomination.—(1)  On  or 
before the date appointed under clause (a) of sub-section (1) of section 4, each candidate shall, either in 
person or by any of his proposers or seconders, between the hours of eleven o‟clock in the forenoon and 
three o‟clock in the afternoon, deliver to the returning officer at the place specified in this behalf in the 
public notice issued under section 5 a nomination paper completed in the prescribed form and subscribed 
by the candidate as assenting to the nomination, and 

(a) in the case of Presidential election, also by at least  3[fifty electors] as proposers and at least 

3[fifty electors] as seconders; 

1. Subs. by Act 5 of 1974, s. 3, for  sub-section (1) (w.e.f. .23-3-1974).  
2.  Subs. by s. 4, ibid., for section 5 (w.e.f. 23-3-1974) 
3. Subs. by Act 35 of 1997, s. 2, for “ten electors” (w.e.f. 5-6-1997).  

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(b) in the case of Vice-Presidential election, also by at least 1[twenty electors] as proposers and at 

least 1[twenty electors]  as seconders: 

Provided that no  nomination  paper  shall  be  presented  to  the  Returning  Officer on  a  day  which is a 

public holiday. 

(2)  Each  nomination  paper  shall  be  accompanied  by  a  certified  copy  of  the  entry  relating  to  the 
candidate in the electoral roll for the parliamentary constituency in which the candidate is registered as an 
elector. 

(3)  The  Returning  Officer  shall  not  accept  any  nomination  paper  which  is  presented  on  any  day 

before eleven o‟clock in the forenoon and after three o‟clock in the afternoon. 

(4) Any nomination paper which is not received before three o‟clock in the afternoon on the last date 
appointed  under  clause  (a)  of  sub-section  (1)  of  section  4  or  to  which  the  certified  copy  referred  to  in  
sub-section (2) of this section is not attached shall be rejected and a brief note relating to such rejection 
shall be recorded on the nomination paper itself. 

(5) No elector shall subscribe, whether as proposer or as seconder, more than one nomination paper at 
the same election and, if he does, his signature shall be inoperative on any paper other than the one first 
delivered. 

(6)  Nothing  in  this  section  shall  prevent  any  candidate  from  being  nominated  by  more  than  one 

nomination paper for the same election: 

Provided  that  not  more  than  four  nomination  papers  shall  be  presented  by  or  on  behalf  of  any 

candidate or accepted by the Returning Officer. 

5C.  Deposit.—(1)  A  candidate  shall  not  be  deemed  to  be  duly  nominated  for  election  unless  he 

deposits or causes to be deposited a sum of  2[fifteen thousand rupees]: 

Provided that where a candiate has been nominated by more than one nomination paper for the same 

election, not more than one deposit shall be required or him under this sub-section. 

(2)  The  sum  required  to  be  deposited  under  sub-section  (1)  shall  not  be  deemed  to  have  been 
deposited  under  that  sub-section  unless  at  the  time  of  presentation  of  the  nomination  paper  under          
sub-section (1) of section 5B, the candidate has either deposited or caused to be deposited that sum with 
the Returning Officer in cash or enclosed with the nomination paper a receipt showing that the said sum 
has been deposited by him or on his behalf in the Reserve Bank of India or in a Government Treasury. 

5D. Notice of nominations and the time and place for their scrutiny.—On the presentation of a 

nomination paper, the Returning Officer shall— 

(a) sign thereon a certificate stating the date and time of presentation of the nomination paper and 

enter thereon its serial number; 

(b) inform the person or persons presenting the nomination paper of the date, time and place fixed 

for the scrutiny of nominations; and 

(c) cause to be affixed in some conspicuous place in his office a copy of the nomination paper as 

certified and numbered under clause (a). 

5E.  Scrutiny  of  nominations.—(1)  On  the  date  fixed  for  the  scrutiny  of  nominations  under                   

sub-section (1) of section 4, the candidates, one proposer or one seconder of each candidate and one other 

1. Subs. by Act 35 of 1997, s. 2, for “five electors” (w.e.f. 5-6-1997). 
2. Subs. by s. 3, ibid., for “two thousand five hundred rupees” (w.e.f. 5-6-1997). 

5 

 
                                                      
person duly authorised in writing by each candidate, but no other person, shall be entitled to be present at 
the time of scrutiny of nominations and the Returning Officer shall give them all reasonable facilities for 
examining the nomination papers of all candidates which have not been rejected under sub-section (4) of 
section 5B. 

(2) For the removal of doubts, it is hereby declared that it shall not be necessary to scrutinise on the 
date fixed for the scrutiny of nominations the nomination papers already rejected under sub-section (4) of 
section 5B. 

 (3) The Returning Officer shall then examine the nomination papers and shall decide all objections 
which  may  be  made  to  any  nomination  paper  and  may  either  on such  objection  or  on  his  own  motion, 
after such summary inquiry if any, as he thinks necessary, reject any nomination on any of the following 
grounds:— 

(a) that, on the date fixed for the scrutiny of nominations, the candidate is not eligible for election 

as President or Vice-President, as the case may be, under the Constitution; or 

(b) that any of the proposers or seconders is not qualified to subscribe a nomination paper under 

sub-section (1) of section 5B; or 

(c) that the nomination paper is not subscribed by the required number of proposers or seconders; 

or 

(d) that the signature of the candidate or any of the proposers or seconders is not genuine or has 

been obtained by fraud; or  

(e) that there has been a failure to comply with any of the provisions of section 5B or section 5C. 

(4)  Nothing  contained  in  clauses  (b)  to  (e)  of  sub-section  (3)  shall  be  deemed  to  authorise  the 
rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination 
paper,  if  the  candidate  has  been  duly  nominated  by  means  of  another  nomination  paper  in  respect  of 
which no irregularity has been committed. 

(5) The Returning Officer shall not reject any nomination paper on the ground of any defect which is 

not of a substantial character. 

(6) The Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) 
of sub-section (1) of section 4 and shall not allow any adjournment of the proceedings except when such 
proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: 

Provided that in case an objection is raised by the Returning Officer or is made by any other person 
the candidate concerned may be allowed time to rebut it not later than the next day but one following the 
date  fixed  for  scrutiny,  and  the  Returning  Officer  shall  record  his  decision  on  the  date  to  which  the 
proceedings have been adjourned. 

(7) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting 
the same and if the nomination paper is rejected, shall record in writing a brief statement of his reasons 
for such rejection. 

(8) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being 
in force shall be conclusive evidence of the fact that the person referred to in that entry is an elector for 
that  constituency,  unless  it  is  proved  that  he  is  subject  to  any  of  the  disqualifications  mentioned  in           
section 16 of the Representation of the People Act, 1950 (43 of 1950).] 

 6.  Withdrawal  of  candidature.—(1)  Any  candidate  may  withdraw  his  candidature  by  a  notice  in 
writing in the prescribed form subscribed by him and delivered before three o‟clock in the afternoon on 
the  date  fixed  under  clause  (c)  of  sub  section  (1)  of  section  4,  to  the  Returning  Officer  either  by  such 

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candidate in person or 1[by any one of his proposers or seconders] who has been authorised in this behalf 
in writing by such candidate. 

(2) No person who has given notice of withdrawal of his candidature under sub-section (1) shall be 

allowed to cancel the notice. 

2[(3) The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal 
and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some 
conspicuous place in his office.] 

 7. Death of candidate before poll.—If a candidate, whose nomination has been made and is found 
to be in order on scrutiny, dies after the time fixed for nomination and a report of his death is received by 
the  Returning  Officer  before  the  commencement  of  the  poll,  the  Returning  Officer  shall,  upon  being 
satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the Election 
Commission, and all proceedings with reference to the election shall be commenced a new in all respects 
as if for a new election: 

Provided that no further nomination shall be necessary in the case of a candidate whose nomination 

was valid at the time of the countermanding of the poll: 

Provided  further  that  no  person  who  has  under  sub-section  (1)  of  section  6  given  a  notice  of 
withdrawal  of  his  candidature  before  the  countermanding  of  the  poll  shall  be  ineligible  for  being 
nominated as a candidate for the election after such countermanding. 

8.  Procedure  in  contested  and  uncontested  elections.—If  after  the  expiry  of  the  period  within 

which candidatures may be withdrawn under sub-section (1) of section 6— 

(a)  there  is  only  one  candidate  who  has  been  validly  nominated  and  has  not  withdrawn  his 
candidature  in  the  manner  and  within  the  time  specified  in  that  sub-section,  the  Returning  Officer 
shall forthwith declare such candidate to be duly elected to the office of President or Vice-President, 
as the case may be; 

(b)  the  number  of  candidates  who  have  been  duly  nominated  but  have  not  so  withdrawn  their 
candidatures exceeds one, the Returning Officer shall forthwith publish in such form and manner as 
may  be  prescribed  a  list  containing  the  names  in  alphabetical  order  and  addresses  of  candidates  as 
given in the nomination papers, together with such other particulars as may be prescribed, and a poll 
shall be taken; 

(c) there is no candidate who has been duly nominated and has not so withdrawn his candidature, 
the  Returning  Officer  shall  report  the  fact  to  the  Election  Commission  and  thereafter  all  the 
proceedings in relation to the election shall be commenced afresh and for that purpose the Election 
Commission shall cancel the notification issued under sub-section (1) of section 4 in respect of such 
election and issue another notification under that sub-section appointing the dates referred to in that 
sub-section for the purposes of such fresh election. 

9. Manner of voting at elections.—At every election where a poll is taken, votes shall be given by 

ballot in such manner as may be prescribed, and no votes shall he received by proxy. 

10. Counting of votes.—At every election where a poll is taken, votes shall be counted by, or under 
the  supervision  of,  the  Returning  Officer,  and  each  candidate  and  one  representative  of  each  candidate 
authorised in writing by the candidate, shall have a right to be present at the time of counting. 

1. Subs. by Act 5 of 1974, s. 5, for “by his proposer or seconder”. 
2. Subs. by s. 5, ibid., for sub-section (3). 

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11.  Declaration  of  results.—When  the  counting  of  the  votes  has  been  completed,  the  Returning 
Officer shall forthwith declare the result of the election in the manner provided  by this Act or the rules 
made thereunder. 

 12. Report of the result.—As soon as may be after the result of an election has been declared, the 
Returning Officer shall report the result to the Central Government and the Election Commission, and the 
Central  Government  shall  cause  to  be  published  in  the  Official  Gazette  the  declaration  containing  the 
name of the person elected to the office of President or Vice-President, as the case may be. 

1[PART III 

DISPUTES REGARDING ELECTIONS 

13. Definitions.—In this Part, unless the context otherwise requires,— 

(a)  “candidate”  means  a  person  who  has  been  or  claims  to  have  been  duly  nominated  as  a 

candidate at an election; 

(b)  “costs”  means  all  costs,  charges  and  expenses  of,  or  incidental  to,  a  trial  of  an  election 

petition; 

(c) “returned candidate” means a candidate whose name has been published under section 12 as 

duly elected. 

14.  Authority  to  try  election  petitions.—(1)  No  election  shall  be  called  in  question  except  by 

presenting an election petition to the authority specified in sub-section (2). 

(2) The authority having jurisdiction to try an election petition shall be the Supreme Court. 

(3) Every election petition shall be presented to such authority in accordance with the provisions of 

this Part and of the rules made by the Supreme Court under article 145. 

14A.  Presentation  of  petition.—(1)  An  election  petition  calling  in  question  an  election  may  be 
presented on one or more of the grounds specified in sub-section (1) of section 18 and section 19, to the 
Supreme Court by any candidate at such election or— 

(i) in the case of Presidential election, by twenty or more electors joined together as petitioners; 

(ii) in the case of Vice-Presidential election, by ten or more electors joined together as petitioners. 

(2)  Any  such  petition  may  be  presented  at  any  time  after  the  date  of  publication  of  the  declaration 
containing the name of the return candidate at the election under section 12, but not later than thirty days 
from the date of such publication. 

15.  Form  of  petitions,  etc.,  and  procedure.—Subject  to  the  provisions  of  this  Part,  rules  made 
[whether  before  or  after  the  commencement  of  the  Presidential  and  Vice-Presidential  Elections 
(Amendment) Act, 1977(20 of 1977)] by the Supreme Court under Article 145 may regulate the form of 
election petitions, the manner in which they are to be presented, the persons who are to be made parties 
thereto, the procedure to be adopted in connection therewith and the circumstances in which petitions are 
to abate, or may be withdrawn, and in which new petitioners may be substituted, and may require security 
to be given for costs. 

16. Relief that may be claimed by the petitioner.—A petitioner may claim either of the following 

declarations:— 

(a) that the election of the returned candidate is void; 

1.  Subs. by Act 20 of 1977, s. 2, for Part III. 

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(b) that the election of the returned candidate is void and that he  himself or any other candidate 

has been duly elected. 

 17. Orders of the Supreme Court.—(1) At the conclusion of the trial of the election petition, the 

Supreme Court shall make an order— 

(a) dismissing the election petition; or 

(b) declaring the election of the returned candidate to be void; or 

(c)  declaring  the  election  of  the  returned  candidate  to  be  void  and  the  petitioner  or  any  other 

candidate to have been duly elected. 

(2) At the time of making an order under sub-section (1), the Supreme Court shall also make an order 

fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid. 

18. Grounds for declaring the election of a returned candidate to be void.—(1) If the Supreme 

Court is of opinion,— 

(a)  that  the  offence  of  bribery  or  undue  influence  at  the  election  has  been  committed  by  the 

returned candidate or by any person with the consent of the returned candidate; or 

(b) that the result of the election has been materially affected— 

(i) by the improper reception or refusal of a vote; under this Act; or 

(ii) by  any  non-compliance  with the provisions  of  the  Constitution  or  of  this  Act  or  of  any 

rules or orders made;  

(iii)  by  reason  of  the  fact  that  the  nomination  of  any  candidate  (other  than  the  successful 

candidate), who has not withdrawn his candidature, has been wrongly accepted; or 

(c)  that  the  nomination  of  any  candidate  has  been  wrongly  rejected  or  the  nomination  of  the 

successful candidate has been wrongly accepted;  

the Supreme Court shall declare the election of the returned candidate to be void. 

(2) For the purposes of this section, the offences of bribery and undue influence at an election have 

the same meaning as in Chapter IXA of the Indian Penal Code (45 of 1860). 

19. Grounds for which a candidate other than the returned candidate may he declared to have 
been elected.—If any person who has lodged an election petition has, in addition to calling in question 
the election  of the  returned  candidate,  claimed  a  declaration that  he  himself or any  other  candidate  has 
been duly elected and the Supreme Court is of opinion that in fact the petitioner or such other candidate 
received a majority of the valid votes, the Supreme Court shall, after declaring the election of the returned 
candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly 
elected: 

Provided  that the  petitioner  or  such  other  candidate  shall  not  be  declared  to  be duly  elected  if  it  is 
proved that the election of such candidate would have been void if he had been the returned candidate and 
a petition had been presented calling in question his election. 

20. Transmission of orders to the Central Government and its publication.—The Supreme Court 
shall, after announcing the orders made under section 17, send a copy thereof to the Central Government, 
and on receipt of such copy the Central Government shall forthwith cause the order to be published in the 
Official Gazette.] 

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PART IV 

MISCELLANEOUS 

1[20A. Return or forfeiture of candidate’s deposit.—(1) The deposit made under section 5C shall 
either  be  returned  to  the  person  making  it  or  his  legal  representative  or  be  forfeited  to  the  Central 
Government in accordance with the provisions of this section. 

(2)  Except  in  cases  hereafter  mentioned  in  this  section,  the  deposit  shall  be  returned  as  soon  as 

practicable after the result of the election is declared. 

(3) If the candidate is not shown in the list referred to in clause (b) of section 8, or if he dies before 
the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of 
the list or after his death, as the case may be. 

(4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at the election where 
the  poll  has  been  taken,  the  candidate  is  not  elected,  and  the  number  of  valid  votes  polled  by  such 
candidate does not exceed one-sixth of the number of votes necessary to secure the return of a candidate 
at such election.] 

21.  Power  to  make  rules.—(1)  The  Central  Government  may,  after  consulting  the  Election 

Commission, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules    may 

provide for all or any of the following matters, namely:— 

(a) the maintenance of a list of members of the electoral college referred to in article 54 with their 

addresses corrected up to date for the purposes of Presidential elections; 

(b) the maintenance of a list of  2[members of the electoral college referred to in article 66] with 

their addresses corrected up to date for the purposes of Vice-Presidential elections; 

(c) the powers and duties of a Returning Officer and the performance by any officer appointed to 

assist the Returning Officer of any function of the Returning Officer; 

3[(cc) the form and manner in which public notice under section 5 shall be given by the Returning 

Officer.] 

(d)  the form and manner in which nominations may be made and the procedure to be followed in 

respect of the presentation of nomination papers; 

(e)  the  scrutiny  of  nominations  and,  in  particular,  the  manner  in  which  such  scrutiny  shall  be 
conducted and the conditions and circumstances under which any person may be present or may enter 
objections thereat; 

(f)  the publication of a list of valid nominations; 
4[(g) the place and hours of polling, the manner in with votes are to be given both generally and in 
the  case  of  illiterate  voters  or  voters  not  conversant  with  the  language  in  which  ballot  papers  are 
printed  or  voter  under  physical  or  other  disability  and  the  procedure as  to  voting  to  be  followed  at 
elections;] 

1. Ins. by Act 5 of 1974, s. 8 (w.e.f. 23-3-1974). 
2. Subs. by s. 9, ibid., for “members of both Houses of Parliament”.    
3. Ins. by s. 9, ibid. 
4. Subs. by s. 9, ibid., for clause (g). 

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(h) the  scrutiny  and  counting  of  votes including  cases  in  which  a  re-count of the  votes  may  be 

made before the declaration of the result of the election; 

(i) the safe custody of ballot boxes, ballot papers and other election papers, the period for which   

such papers shall be preserved and the inspection and production of such papers; 

(j) any other matter required to be prescribed by this Act. 

1[(3)  Every  rule  made  under  this  Act shall  be  laid,  as soon  as  may  be  after it is made,  before  each 
House of Parliament while it is in session, for a total period of thirty days which may be comprised in one 
session  or  in  two  or  more  successive  sessions  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form, or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule.] 

22. Maintenance of secrecy of voting.—(1) Every officer, clerk or other person who performs any 
duty  in  connection  with  the  recording  or  counting  of  votes  at  an  election  shall  maintain,  and  aid  in 
maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any 
law) communicate to any person any information calculated to violate such secrecy. 

(2)  Any  person  who  contravenes  the  provisions  of  sub-section  (1)  shall  be  punishable  with 

imprisonment for a term which may extend to three months, or with fine, or with both. 

23.  Jurisdiction  of  civil  courts  barred.—Save  as  provided  in  Part  III,  no  Civil  Court  shall  have 
jurisdiction to question the legality of any action taken or of any decision given by the Returning Officer 
or by any other person appointed under this Act in connection with an election. 

_____________ 

1. Ins. by Act 5 of 1974, s. 9. 

11 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS RULES, 1974 

CHAPTER I 

Preliminary 

 1. Short  title  and  commencement.—(1)  These  rules1  may  be  called  the  Presidential  and                 

Vice-Presidential Elections Rules, 1974. 

(2) They shall come into force at once. 

2. Interpretation.—(1) In these rules, unless the context otherwise requires,— 

 (a)   “Act” means the Presidential and Vice-Presidential Elections Act, 1952 (31 of 1952); 

 (b)   “article” means an article of the Constitution of India; 

 (c)   “Form” means a Form appended to these rules; 

 (d)   “section” means a section of the Act. 

 (2) The General Clauses Act, 1897 (10 of 1897), shall apply for the interpretation of these rules as it 

applies for the interpretation of an Act of Parliament. 

CHAPTER II 

Nomination of candidates 

3. Public  notice  of  intended  election.—The  public  notice  of  an  intended  election  referred  to  in 
section  5  shall  be  in  Form  1  and  shall  be  published  by  the  Returning  Officer  by  such  means,  in  such 
language or languages and in such places as the Election Commission may direct. 

4.   Nomination paper.—Every nomination paper presented under sub-section (1) of section 5B shall 

be completed in Form 2 or Form 3, as may be appropriate. 

5.  Notice  of  withdrawal  of  candidature.—(1)  A  notice  of  withdrawal  of  candidature  under                      

sub-section (1) of section 6 shall be in Form 4. 

(2) On receipt of such notice, the Returning Officer shall note thereon the date on which and the hour 
at  which  it  was  delivered,  and  cause  a  copy  thereof,  together  with  the  note,  to  be  affixed  in  some 
conspicuous place in his office. 

6.  Preparation and publication of the list of contesting candidates.—In every case in which a poll 
is to be taken under clause (b) of section 8, the Returning Officer shall, immediately after the expiry of 
the period within which candidature may be withdrawn under sub-section (1) of section 6— 

(a)  prepare in  Form  5  a  list  of  contesting  candidates  (that is  to  say,  candidates  who  have  been 
duly nominated but have not withdrawn their candidatures within the time specified in that behalf), 
containing  the  names  in  alphabetical  order  as  given  in  the  nomination  papers  together  with  their 
addresses; 

(b)   cause  the  list  to  be  published  in  the  Gazette  of  India  and  in  such  other  manner  as  the 

Election  Commission may direct; and 

(c)  cause a copy of the list to be affixed in some conspicuous place in his office. 

1. These rules were published with the Ministry of Law, Justice and Company Affairs (Legislative Department) Notification           

No. S.O. 305(E), dated 21st May, 1974. See Gazette of India, Extraordinary, Part II, Section 3 (ii). 

12 

 
                                                      
CHAPTER III 

The Poll 

7. Fixing place and time of polling for Presidential election.—At every Presidential election where 

a poll is to be taken, the Election Commission shall— 

(a)  fix a place of polling in the Parliament House in New Delhi, and also in the premises in each 

State in which the Legislative Assembly, if any, of that State meets for the transaction of business; 

(b)  specify with reference to each such place of polling the group of electors who will be entitled 

to vote, and the hours during which the poll will be taken, at such place; and 

(c)   give due publicity to the places so fixed and the groups of electors and the hours so specified. 

8. Fixing  place  and  time  of  polling  for  Vice-Presidential  election.—At  every  Vice-Presidential 

election where a poll is to be taken, the Election Commission shall— 

(a)   fix a place of polling in the Parliament House in New Delhi; 

(b)   specify the hours during which the poll will be taken; and 

(c)   give due publicity to the place so fixed and the hours so specified. 

9.  Presiding and polling officers.—(1) The Returning Officer or such Assistant Returning Officer 
as  may  be  specified  in  this  behalf  by  the  Election  Commission  shall  conduct  the  poll  at  each  place  of 
polling.  Every such officer is hereinafter referred to as the presiding officer. 

(2)  The presiding officer may appoint such polling officer or officers as he thinks necessary to assist 
him in taking the poll, but he shall not so appoint any person who has been employed by, or on behalf of, 
or has been working for, a candidate in or about the election. 

10.  Design  and  form  of  ballot  papers.—(1)  Every  ballot  paper  shall  have  a  counterfoil  attached 
thereto and the said ballot paper and the counterfoil shall be in such form, and the particulars therein shall 
be in such language or languages, as the Election Commission may direct. 

(2)   The names of the candidates shall be printed on the ballot paper in the same order as in the list of 

contesting candidates published under rule 6. 

(3)   Every  presiding  officer  shall  be  supplied  with  a  sufficient  number  of  ballot  papers  by  the 

Election Commission. 

11. Ballot boxes.—Every ballot box used at the poll shall be of a design previously approved by the 

Election Commission. 

12.  Procedure  before  the  commencement  of  poll.—(1)  The  presiding  officer  shall,  immediately 
before the  commencement  of the  poll,  allow  inspection  of  the  ballot  box  to  be used at  the  poll  to  such 
candidates and authorised representatives of candidates as may be present at the place of polling. 

(2)   The  presiding  officer  shall  then  secure  and  seal  the  box  in  such  manner  that  the  slit  for  the 
insertion  of  ballot  papers  remains  open,  and  shall  also  allow  such  candidates  and  authorised 
representatives of candidates as may be present to affix their own seals, if they so desire. 

13.  Admission  to  the  place  of  polling.—(1)  The  presiding  officer  shall  exclude  from  the  place  of 

polling all persons except— 

(a)   the polling officers and other public servants on duty; 

(b)   the candidates, and one representative authorised in writing by each candidate; 

(c)   the electors; 

13 

 
(d)   persons authorised by the Election Commission; and 
(e)    such other persons as the presiding officer may from time to time admit for the purpose of 

assisting him in taking the poll. 
(2)    The presiding officer shall close the place of polling at the hour fixed under clause (b) of rule 7 
or, as the case may be, under clause (b) of rule 8 for the close of the poll and shall not admit therein any 
elector after that hour: 

Provided that all electors present at the place before it is so closed shall be entitled to have their votes 

recorded. 

14. Procedure for giving ballot papers.—(1) The polling officer shall be furnished with an authentic 

list or part thereof of the electors entitled to vote at the place of polling. 

(2) Immediately  before  a  ballot  paper  is  delivered  to  an  elector,  a  mark  shall  be  placed  against  his 
name in that list, and the number of the elector as shown in that list shall be entered on the counterfoil of 
the ballot paper. 

(3) The elector shall sign his name in the list in token of receipt of the ballot  paper, whereupon, but 

not earlier, the ballot paper shall be delivered to him. 

15.  Supply of fresh ballot paper in certain circumstances.—(1) An elector who has inadvertently 
dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on 
delivering it to the presiding officer and on satisfying him of the inadvertence, obtain another ballot paper 
in place of the ballot paper so delivered, and the latter shall, together with its counterfoil, be marked as 
cancelled by the presiding officer. 

(2) Any ballot papers so cancelled shall be kept in a separate envelope set apart for the purpose. 
16.  Return of unused ballot papers by electors.—If an elector after obtaining any ballot paper for 
the  purpose  of  recording  his  vote  decides  not  to  use  the  same,  he  shall  return  the  ballot  paper  to  the 
presiding officer, who shall mark it „Returned and cancelled‟ and keep it in a separate envelope set apart 
for the purpose. 

17.  Manner  of  recording  votes.—(1)  Every  elector  shall  have  as  many  preferences  as  there  are 
candidates but no ballot paper shall be considered invalid solely on the ground that all such preferences 
are not marked. 

(2)   An elector in giving his vote— 

(a)   shall place on his ballot paper the figure 1 in the space opposite the name of the candidate 

whom he chooses for his first preference; and 

(b)   may, in addition, mark as many subsequent preferences as he wishes by placing on his ballot 
paper the figures 2, 3 ,4 and so on, in the spaces opposite the names of other candidates, in order of 
preference. 

Explanation.—The figures referred to in clauses (a) and (b) of this sub-rule may be marked in the 
international  form  of  Indian  numerals  or  in  the  Roman  form  or  in  the  form  used  in  any  Indian 
language but shall not be indicated in words.  
(3)   The presiding officer shall, if requested by an elector, explain to him the instructions contained 

on the ballot paper for the recording of  votes. 

18. Maintenance of secrecy of voting by electors within place of polling and voting procedure.—
(1) Every elector to whom a ballot paper has been delivered under rule 14 shall maintain secrecy of voting 
within the place of polling and for that purpose observe the voting procedure hereinafter laid down. 

(2) An elector on receiving the ballot paper shall forthwith— 

(a)   proceed to one of the voting compartments; 

14 

 
(b)   record his vote in accordance with sub-rule (2) of rule 17; 

(c)   fold the ballot paper so as to conceal his vote; 

(d)   insert the folded ballot paper into the ballot box; and 

(e)   quit the place of polling. 

(3) Every elector shall vote without undue delay. 

(4) No elector shall be allowed to enter a voting compartment when another elector is inside it. 

19. Recording of votes of illiterate or disabled elector.—(1) If an elector is unable to read the ballot 
paper or to record his vote thereon in accordance with rule 17 by reason of illiteracy or blindness or, by 
not  being  conversant  with  the  language  in  which  the  ballot  papers  are  printed  or,  by  reason  of  any 
physical or other disability, the presiding officer shall record the vote on the ballot paper in accordance 
with the wishes of the elector. 

(2)  The  elector  shall  then  himself  or  with  the  assistance  of  the  presiding  officer  fold  up  the  ballot 

paper so as to conceal his vote and insert it into the ballot box. 

(3) While acting under this rule, the presiding officer shall observe as much secrecy as is feasible and 
shall keep a brief record of each such instance but shall not indicate therein the manner in which any vote 
has been cast. 

20. Account of ballot papers.—(1) The presiding officer shall at the close of the poll prepare a ballot 
paper  account  in  Form  6  and  enclose  it  in  a  separate  cover  with  the  words  “Ballot  Paper  Account” 
superscribed thereon. 

(2)  The presiding officer shall permit the authorised representative of a candidate, who so desires, to 

take a true copy of the entries in the ballot paper account and shall attest it as true copy. 

21.  Sealing up of ballot boxes and papers after the close of poll.—(1) As soon as practicable after 
the  close  of  poll  the  presiding  officer  shall,  in  the  presence  of  such  candidates  and  authorised 
representatives of candidates as may be present, close and seal up the slit as well as the ballot box. 

(2)  He shall also make up into separate packets— 

 (a)   the copy of the list of electors marked in accordance with rule 14; 

 (b)   the counterfoils of ballot papers; 

(c)   the ballot papers cancelled under rules 15 and 16; and 

(d)   the unused ballot papers,  

and  seal  each  such  packet  with  his  own  seal  and  the  seals  of  those  candidates  and  authorised 
representatives of candidates who may desire to affix their seal thereon. 

22. Transfer of  ballot  papers from  ballot  boxes in  certain cases.—(1)  Notwithstanding  anything 
contained in rule 21, the Election Commission may, at a Presidential election, direct the presiding officer 
at any place of polling other than the Parliament House in New Delhi to follow after the close of the poll 
the procedure laid down in this rule instead of the procedure laid down in sub-rule (1) of rule 21. 

(2) Where  a  direction  has  been  issued  under  sub-rule  (1),  the  presiding  officer  shall,  as  soon  as 
practicable  after  the  close  of  the  poll,  open  the  ballot  box  in  the  presence  of  such  candidates  and 
authorised representatives of candidates as may be present and transfer all the ballot papers contained in it 
without examining or counting them into a separate cover and record on such cover— 

(a) the name of the place of polling; and 

15 

 
(b) the date of the poll. 

(3)   After such transfer he shall allow the candidates and their authorised representatives who may be 

present, to inspect the ballot box and demonstrate to them that it is empty. 

(4)   He shall then seal the cover with his own seal and the seals of those candidates and authorised 

representatives of candidates who may desire to affix their seals thereon. 

(5)   The cover so sealed shall, for the purposes of rules 23, 25, 32 and 33, be deemed to be the ballot 

box used at that place of polling and the provisions of those rules shall apply accordingly. 

23. Despatch and custody of ballot boxes and papers.—(1) At a Presidential election, the presiding 
officer at every place of polling other than the Parliament House in New Delhi shall forthwith cause the 
sealed ballot box and packets and all other papers used at the poll to be sent to the Returning Officer in 
accordance  with  such  general  or  special  instructions  as  may  be  issued  in  that  behalf  by  the  Election 
Commission. 

(2)  The Returning Officer shall make adequate arrangements for the safe custody of all sealed ballot 

boxes and packets and other papers used at the poll, until the commencement of the counting of votes. 

24.  Adjournment  of  poll  in  emergencies.—(1)  If  the  proceedings  at  any  place  of  polling  are 
interrupted or obstructed by riot or  open violence, or if it is not possible to take the poll at any such place 
on  account  of  a  natural  calamity  or  other  sufficient  cause,  the  presiding  officer  shall  announce  an 
adjournment  of  the  poll  to  a  date  to  be  notified  later,  and  immediately  report  the  circumstances  to  the 
Election Commission and, unless he is the Returning Officer, also to the Returning Officer. 

(2) Whenever a poll is adjourned under sub-rule (1), the Election Commission shall, as soon as may 
be  ,  fix  the  day  on  which,  the  place  at  which,  and  the  hours  during  which  the  adjourned  poll  shall  be 
taken, and shall notify the said details to all concerned in such manner as it may think fit. 

(3)   On the date on which such adjourned poll is taken, the electors who have already voted at the 
poll before its adjournment will not be entitled to vote, but only the remaining electors who were entitled 
to vote at the place of polling before its adjournment may vote. 

25.   Fresh poll in case of destruction, etc., of ballot boxes.—(1) If at an election, any ballot box is 
unlawfully taken away from the custody of the presiding officer or the Returning Officer or is in any way 
tampered  with,  destroyed  or  lost,  the  poll  taken  at  the  place  of  polling  where  that  ballot  box  was  used 
shall be deemed to have been vitiated; and the Returning Officer shall, as soon as practicable, report the 
matter to the Election Commission, which shall appoint a day for the taking of a fresh poll at that place 
and fix the hours during which it will be taken. 

(2)  In every such case as aforesaid, the provisions of these rules shall apply to the fresh poll as they 

apply to the original poll. 

26. Voting  by  electors  under  preventive  detention.—(1)  Notwithstanding  anything  in  the  fore 
going provisions of this Chapter, an elector may, if he is subjected to preventive detention under any law 
for the time being in force, give his vote by postal ballot. 

(2) The Election Commission shall send by registered post to the officer-in-charge of the jail or other 
place  where  the  elector  is  detained  the  appropriate  ballot  paper,  together  with  a  form  of  declaration  of 
identity  and  attestation  of  signature  and  necessary  envelopes  specially  prepared  for  the  purpose  and  a 
letter of instructions, so as to reach that officer in good time before the date fixed for polling. 

(3)  On the date of polling the said officer shall deliver the ballot paper and other necessary papers to 
the elector, allow him all reasonable facilities and sufficient time, not exceeding two hours, for recording 
his vote in accordance with the instructions of the Election Commission, and if and when the elector has 
so  recorded  his  vote,  send  the  ballot  paper  and  other  connected  papers  in  a  sealed  cover,  either  by 

16 

 
registered  post  or  through  a  special  messenger,  to  the  Returning  Officer  so  as  to  reach  him  before  the 
time fixed for the counting of votes under rule 27. 

(4)  It  shall  be  the  duty  of  every  Government  to  intimate  to  the  Election  Commission  at  the 
appropriate time the names of electors, if any, who are subjected to preventive  detention by or under the 
authority of that Government, together with the necessary particulars as to their places of detention. 

CHAPTER IV 

COUNTING OF VOTES AND DECLATATION OF RESULT 

27. Place and time for counting of votes.—The counting of votes shall take place at the office of the 
Returning Officer in New Delhi on such day and at such time as the Election Commission may appoint in 
this behalf; and the Election Commission shall give notice to all the candidates of the date and time so 
appointed. 

28.  Admission to the place fixed for counting.—The Returning Officer    shall exclude    from the 

place fixed for counting of votes all persons except— 

(a)   such persons as he may appoint to assist him in the counting; 

(b)   the candidates and one representative at time a  authorised in writing by each candidate;  

(c) public servants on duty in connection with the election; and 

(d) persons authorised by the Election Commission. 

29.  Maintenance  of  secrecy  of  voting.—Before  the  counting  begins,  the  Returning  Officer   shall 

read out the provisions of section 22 to the persons present. 

30.  Statement showing the number of votes of each elector at the Presidential election.—For the 
purposes  of  every  Presidential  election,  the  Election  Commission   shall  furnish   the  Returning  Officer 
with a statement   showing the number of votes which every elector has under the provisions of clause (2) 
of article 55;  and every ballot paper put in by an elector  at that  election shall be deemed to represent as 
many votes as that elector is shown as having in that statement. 

31. Ballot papers when invalid.—(1) A ballot paper shall be invalid on which— 

(a) the figure 1 is not marked; or 
(b) the figure  1 is  marked opposite  the  name  of  more  than  one  candidate  or  is  so  marked  as  to 

render it doubtful to which candidate it is intended to apply; or 

(c) the figure 1 and some other figure are marked opposite the name of the same candidate; or 
(d) any mark is made by which the elector  may afterwards be identified. 
Explanation.—The figures referred to in clauses (a), (b) and (c) of this sub-rule may be marked 
in the international form of Indian numerals or in the Roman form or in the form used in any Indian 
language, but shall not be indicated in words. 
(2)  A ballot paper shall also be invalid if, being a postal ballot paper, the signature of the elector is 

not duly attested. 

32.  Procedure  upon  opening  each  ballot  box.—After  each  ballot  box  and  also  each  sealed  cover          

(if any) received under sub-rule (3) of rule 26, has been opened, the Returning Officer shall— 

(a)    count the number of ballot papers taken out there from and complete Part  II  of the Ballot 

Paper Account in Form 6; 

(b)   scrutinise  the  ballot  papers  and  separate  those  which  in  his  opinion  are  valid  from  those 
which  in  his  opinion  are  invalid,  endorsing  on  the  latter  the  word  „rejected‟  and  the  ground  of 
rejection; and 

17 

 
(c)  arrange  all  the  valid  ballot  papers  in  parcels  according  to  the  first  preferences  recorded  for 

each candidate: 
Provided  that  if,  at  a  Presidential  election,  the  ballot  box  used  at  a  place  of  polling  contains  ballot 
papers of electors who, at their request are specially permitted by the Election Commission in pursuance 
of rule 7 to cast their votes at the said place of polling, such ballot papers shall, after the counting and 
recording in Form 6 is completed, be separated and added to the other ballot papers of the same kind used 
by electors in the same category and shall thereafter be scrutinised. 

33. Determination of result.—After all the ballot boxes and sealed covers (if any) have been opened 
and the ballot papers have been scrutinised and arranged, the Returning Officer shall proceed to determine 
the result of the voting in accordance with the instructions contained in the Schedule to these rules. 

34. Recounting.—The Returning Officer may, either on his own initiative or at the instance of any 
candidate or of the authorised representative of a candidate in the absence of that candidate, recount votes, 
whether  once  or  more  than  once,  when  the  Returning  Officer  is  not  satisfied  as  to  the  accuracy  of  a 
previous count: 

Provided that nothing herein contained shall make it obligatory on the Returning Officer to recount 

the same votes more than once. 

35. Declaration of result.—(1) When the counting is complete and the result of the voting has been 

determined, the Returning Officer shall forthwith— 

(a)  announce the result to those present; 
(b) report the result to the Central Government and the Election Commission under section 12; 
(c) prepare and certify a return of the election in Form 7; and 
(d) seal up in separate packets the valid ballot papers and the rejected ballot papers and record on 

each such packet a description of its contents. 
(2) The  Returning  Officer  shall,  as  soon  as  may  be  thereafter,  forward  the  certified  return  to  the 

Election Commission. 

CHAPTER V 
MISCELLENOUS 

 36.  Custody  of  ballot  boxes  and  election  papers.—All  ballot  boxes  used  at  the  election  and  the 
packets  of  ballot papers and  all  other  papers  relating to  the  election  shall,  after the  election,  be  kept in 
such custody as the Election Commission may direct. 

 37. Production and inspection of election papers.—(1) The packets of ballot papers, whether valid 
or rejected, and their counterfoils and the packets containing the lists  of electors  marked in accordance 
with rule 14 shall not be opened, nor shall their contents be inspected by, or produced before, any person 
or authority, except under the order of the Supreme Court or other competent court.  

(2)  All  other  papers  relating  to  the  election  shall  be  open  to  public  inspection  subject  to  such 

conditions and to the payment of such fee, if any, as the Election Commission may direct. 

 38.  Disposal  of  election  papers.—The  packets  and  other  papers  referred  to  in  rule  37  shall  be 
retained  for  a  period  of  two  years  from  the  date  of  declaration  of  the  result  of  the  election,  and  shall 
thereafter  be  destroyed  unless  a  direction  to  the  contrary  is  given  by  the  Supreme  Court  or  other 
competent court or by the Election Commission. 

 39. Copies of return of election.—Copies of the certified return of the election referred to in rule 35 

shall be furnished by the Election Commission on payment of a fee of one rupee per copy. 

 40.  List  of  electors.—The  Election  Commission  shall  maintain  a  list  of  members  of  the  electoral 
college referred to in article 54 and a list of members of the electoral college referred to in article 66, with 
their  addresses  corrected  up  to  date  for  the  purposes,  respectively,  of  Presidential  election  and                  
Vice-Presidential election. 

 41. Repeal.—The Presidential and Vice-Presidential Election Rules, 1952, are hereby repealed. 

18 

 
FORM 1 
(See rule 3) 
PUBLIC NOTICE 
OF 
ELECTION TO THE OFFICE OF *PRESIDENT/*VICE-PRESIDENT OF INDIA 

Whereas  a  notification  under  sub-section  (1)  of  section  4  of  the  Presidential  and  Vice-Presidential 
Elections Act, 1952, for the holding of an election to fill the office of President/Vice-President of India 
has  been  issued  by  the  Election  Commission,  I…………………….,  the  Returning  Officer  for  such 
election, do hereby give notice that— 

 (i)  nomination papers may be delivered by a candidate or any one of his proposers or seconders 
to  the  undersigned  at  his  office  in  ………………New  Delhi,  or  if  he  is  unavoidably  absent,  to 
……………………..at  the  said  office  between  11  a.m.  and  3  p.m.  on  any  day  (other  than  a  public 
holiday) not later than the……………………………; 

(ii) each nomination paper shall be accompanied by a certified copy of the entry relating to the 
candidate in the electoral roll for the Parliamentary constituency in which the candidate is registered 
as an elector; 

(iii)  every  candidate  shall  deposit  or  cause  to  be  deposited  a  sum  of  1[rupees  fifteen  thousand] 
only.  This amount may be deposited in cash with the Returning  Officer at the time of presentation of 
the nomination paper or deposited earlier in the Reserve Bank of India or in a Government Treasury 
and in the latter case a receipt showing that the said deposit of the sum has been so made is required 
to be enclosed with the nomination paper; 

(iv)  forms  of  nomination  papers  may  be  obtained  from  the  above  said  office  at  the  times 

aforesaid; 

(v)  the  nomination  papers,  other  than  those  rejected  under  sub-section  (4)  of  section  5B  of  the 

Act, will be taken up for scrutiny at….(place) on…………………….(date) at …………….(hours); 

(vi) the notice of withdrawal of candidatures may be delivered by a candidate, or any one of his 
proposers  or  seconders  who  has  been  authorised  in  this  behalf  in  writing  by  the  candidate,  to  the 
undersigned  at  the  place  specified  in  paragraph  (i)  above  before  three  o‟clock  in  the  afternoon  of 
…….(date); 

(vii)  in  the  event  of  the  election  being  contested,  the  poll  will  be  taken  on  ………….(date) 

between hours of …………..and…………..at the places of polling fixed under the rules. 

Place…………………….                                       

                         (Signature)………… 

(Returning Officer) 

Dated the……………….                                              

(Designation)……………. 

*Strike off if inapplicable. 

1. Subs. by  S.O.431(E) , dated 6th June,1997 (w.e.f. 6-6-1997). 

19 

 
  
 
             
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                                    
                                                      
FORM 2 
(See rule 4) 
NOMINATION PAPER 
ELECTION TO THE OFFICE  OF THE PRESIDENT OF INDIA 

 We hereby nominate……………………………………………………………................ 

(Full name and address of the candidate) 

 as a candidate for election to the office of the President of India. 
 We have verified, and do hereby declare, that the said candidate has completed the age of  35 years 
constituency 
roll 

Parliamentary 

registered 

electoral 

the 

the 

in 

and 
for 
of…………………………………in the State of ……………… 

is 

A certified copy of the entry in that electoral roll relating to the said candidate is attached. 
We  further  declare  that  we  are  members  of  the  electoral  college  referred  to  in  article  54  of  the 
Constitution  being elected  members of the House of the People or Council of States or the Legislative 
Assembly  as  indicated  hereunder  and  we  append  our  signatures  below  in  token  of  subscribing  to  this 
nomination:— 

Particulars of the proposers and their signatures 

SI. No. 

Full name  Whether elected 

member of the house 
of the people/Council 
of States/Legislative 
Assembly 

State/Union territory (in the 
case of member elected to 
the House of the People or 
Council of States from a 
Union territory) in/ from 
which elected 

Signature   Date 

2 

3 

4 

5 

6 

1 

1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
15. 
*etc. 

*[There should be at least fifty electors as proposers.]1 

1. Subs. by S.O. 431(E), dated 6th June, 1997 (w.e.f. 6-6-1997). 

20 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
Particulars of the seconders and their signatures 

S. l. No. 

Full name        Whether elected 

member of the house 
of the People/Council 
of States/Legislative 
Assembly 

1 

2 

3 

State/Union 
territory 
(in  the  case  of  member 
elected  to the  House  of 
the  People  or  Council 
of  States  from  a  Union 
from 
territory) 
which elected 
4 

in/ 

Signature  

Date 

5 

6 

1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 

15. 

*etc. 

*[There should be at least fifty electors as seconders.]1 

I assent to this nomination. 

............................. 

 Signature of candidate 

Date……………….. 

1. Subs. by S.O. 431(E), dated 6th June, 1997 (w.e.f. 6-6-1997). 

21 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
                                                                                                
 
 
                                                                                                   
 
 
 
 
 
 
 
 
 
 
 
 
 
  
                                                      
(To be filled by the Returning Officer) 

Serial Number of nomination paper………………………………………………………. 

           This nomination paper was delivered to me at my office at…………..(hour) on……….(date) by 
the candidate/proposer………………(name)/seconder…………(name) with enclosures as indicated 
below purporting to be— 

 (1)  

 (2) 

Date……………                                                                       

………………….. 

Returning Officer. 

[Decision of the Returning Officer (if any) under sub-section (4) of section 5B 

 I  have  rejected  this  nomination  paper  under  sub-section  (4)  of  section  5B  of  the  Presidential  and 

Vice-Presidential Elections Act, 1952 for the reasons given below— 

Date………….                                                                                    

……………….. 

Returning Officer] 

Decision of the Returning Officer accepting or rejecting the nomination paper 

 I  have  examined  this  nomination  paper  in  accordance  with  section  5E  of  the  Presidential  and       

Vice-Presidential Elections Act, 1952 and decide as follows:— 

Date…………….                                                                    

…………………. 

Returning Officer 

(Perforation)……………………………………………………………………..................................... 

22 

 
  
  
 
                                                                                                   
 
  
 
 
 
                                                                                                             
 
                                                                                                                                                                    
 
 
                                                                                                   
 
  
  
Receipt for Nomination Paper and Notice of Scrutiny 

(To be handed over to the person presenting the nomination  paper) 

Serial Number of the nomination paper………………………………………………. 

 The  nomination  paper  of………………..(name),  a  candidate  for  election  to  the  office  of  the 

President of India, was delivered to me at my office at………….(hour) on................................................ 

..........(date) by the candidate/proposer....................(name)/seconder.................................(name). 

 All  nomination  papers,  other  than  those  rejected  under  sub-section  (4)  of  section  5B  of  the 
scrutiny 

Presidential  and  Vice-Presidential  Elections  Act,  1952,  will  be 
at………………………….(hour) on………………….(date) at………..(place). 

taken  up 

for 

 [2. The nomination paper of this candidate has been rejected by me under sub-section (4) of section 

5B of the Presidential and Vice-Presidential Elections Act, 1952 for the reasons given   below:—] 

Date………………………….                                          

        ……………………….. 

                                                                                                                        Returning Officer 

[ ] Score out if not applicable. 

23 

 
  
   
 
 
 
 
 
 
 
 
 
 
FORM 3 

(See rule 4) 

NOMINATION PAPER 

ELECTION TO THE OFFICE OF THE VICE-PRESIDENT OF INDIA. 

 We,  the  undersigned  Members  of  the  electoral  college  referred  to  in  article  66  of  the  Constitution 
nominate………………………………. 
being 
……………………………………(full name and address of candidate) as a candidate for election to the 
office of the Vice-President of India. 

Parliament 

Members 

hereby 

of 

         We have verified, and do hereby declare, that the said candidate has completed the age of 35 years  and 
is registered in the electoral roll for the Parliamentary constituency of ………………………in the State 
of ………………………………. 

  A  certified  copy  of  the  entry  in  that  electoral  roll  relating  to  the  said  candidate  is  attached. We 
furnish  our  full  particulars  as  indicated  hereunder  and  append  our  signatures  below  in  token  of 
subscribing to this nomination. 

Particulars of the proposers and their signatures 

Sl. No.  

Full name 

Whether member of the 
House 
the 
People/Council States 

of 

State/Union 
territory  from 
which 

Signature  

Date 

1 

2 

3 

4 

5 

6 

1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 

9. 

10. 

*etc. 

*[There should be at least fifty electors as proposers.]1 

1. Subs. by S.O. 431(E), dated 6th June, 1997 (w.e.f. 6-6-1997). 

24 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
Particulars of the seconders and their signatures 

Sl. No. 

Full name  Whether member of the 
the 
House 
of 
People/Council 
of 
States 

State/Union 
territory  from 
which elected 

Signature 

Date 

2 

3 

4 

5 

6 

1 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

*etc. 

*[There should be at least fifty electors as seconders.]1 

 I assent to this nomination. 

Date........................

1. Subs. by S.O. 431(E), dated 6th June, 1997 (w.e.f. 6-6-1997). 

25 

………………….. 

Signature of candidate. 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
                                                                                                                         
                                                                                                             
 
                                                      
 Serial Number of nomination paper………………………. 

(To be filled by the Returning Officer) 

nomination  was 

at……………(hour) 
         This 
on………………………..(date) by the candidate/proposer........................(name)/seconder..............(name) 
with enclosures as indicates below purporting to be— 

delivered 

at  my 

to  me 

office 

            (1) 

            (2) 

 Date…………….. 

……………………… 

Returning Officer 

[Decision of the Returning Officer (if any) under sub-section (4) of section 5B 

      I  have  rejected  this  nomination  paper  under  sub-section  (4)  of  section  5B  of  the  Presidential  and  
Vice-Presidential Elections Act, 1952, for the reasons given below:— 

Date……………                                                                                            

 …………………. 

                                                                                                                                    Returning Officer] 

Decision of the Returning Officer accepting or rejecting the nomination paper. 

 I  have  examined  this  nomination  paper  in  accordance  with  section  5E  of  the  Presidential  and             

Vice-Presidential Elections Act, 1952 and decide as follows:— 

 Date……………                                                                                              …………………. 

                                                                                                                                    Returning Officer 

(Perforation)……………………………………………………………………………………….. 

26 

 
 
  
  
 
 
 
 
  
  
   
             
  
  
Receipt for nomination paper and notice of scrutiny 

(To be handed over to the person presenting the nomination paper) 

 Serial Number of the nomination paper………………………………………………………. 

The  nomination  of  …………………..(name),  a  candidate  for  election  to  the  office  of  the                   

Vice-President  of 
on………………(date) by the candidate/proposer.........................(name)/seconder....................(name). 

to  me  at  my  office  at………………………(hour) 

India  was  delivered 

All nomination papers other than those rejected under sub-section (4) of section 5B of the Presidential 
scrutiny 

and  Vice-Presidential 
at…………………………………….(hour) on....................................(date) at.............................(place). 

Elections  Act, 

1952,  will 

taken 

for 

up 

be 

   [2. The nomination paper of this candidate has been rejected by me under sub-section (4) of section 5B 
of the Presidential and Vice-Presidential Elections Act, 1952, for the reasons given below:—] 

 Date……………..                                                                                                                                           

   .................................. 

      Returning Officer 

[ ] Score out if not applicable. 

27 

 
                                                                   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
FORM 4 

[See rule 5(1)] 

NOTICE OF WITHDRAWL 

To 

          The Returning  Officer  for the election to the office of President/Vice-President of India. 

           I,………………………………..(name)  of………….(address)  a  candidate  at  the  above-

mentioned election do hereby give notice that I withdraw my candidature. 

Place………………                                                                  

………………......... 

Date…………………                                                               

 Signature of candidate 

______________________________________________________________________________ 

Note:—The  notice  of  withdrawal  is required  to  be  delivered  under  section  6(1)  of  the  Presidential and 
Vice-Presidential  Elections  Act,  1952,  by  the  candidate  in     person  or   by  any  one  of  his 
proposers or seconders   who has been authorised in this behalf in writing by such candidate. 

28 

 
  
 
   
 
 
FORM 5 

[See rule 6(a)] 

ELECTION TO THE OFFICE OF PRESIDENT/VICE-PRESIDENT OF INDIA 

List of contesting   Candidates 

Sl. No. 

Name of candidate 

Address of candidate 

1. 

2. 

3. 

4. 

etc. 

Place............................... 

Date.............................. 

............................... 

Returning Officer 

29 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM 6 

(See rule 20) 

PART I—BALLOT PAPER ACCOUNT 

ELECTION TO THE OFFICE OF PRESIDENT/VICE-PRESIDENT OF INDIA 

Name of the place of polling……………………………….. 

Serial Numbers 

Total Numbers 

   From    

   to 

1. 

Ballot papers received 

2. 

Ballot papers unused 

3. 

Ballot papers issued to voters 

4. 

Ballot papers cancelled. 

Date………………..                                                                          ……………………………. 

                                                                                                          Signature of  Presiding Officer 

PART II—RESULT OF COUNTING 

(See rule 32) 

(1)  Total  number  of  ballot  papers  found  in  the  ballot  box  (boxes)  used  at  the  place 

of polling………………………….. 

 (2)    Discrepancy  if  any  between  the  total  number  as  shown  against  item  (1)  in  this  Part  and 
the    total  number  of  ballot  papers  issued  to  voters  as  shown  in  item  3  of  Part  I  minus  the  number  of 
ballot papers  cancelled as shown in item 4 of Part I. 

Date…………………………..                                                   

……………………………… 

        Signature of the Returning Officer. 

30 

 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                 
  
  
  
  
  
  
 
                                                                                               
RETURN OF ELECTION TO THE OFFICE OF PRESIDENT/VICE-PRESIDENT OF INDIA 

FORM 7 

[See rule 35(1)(c)] 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

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Name 
of 
Candidate 

Exhausted votes 

TOTAL 

Total No. of valid ballot papers……………….representing …………………votes. 

Total number of invalid ballot papers…………..representing ……………..votes. 

I declare that 

(Name)……………………………………………………………………………….. 

(Address)………………………………………………………………………………. 

has been duly elected to the office of  the President/Vice-President of India. 

Place………………….. 

 Date…………………….                                                                         ………………………. 

                                                                                                                 Returning Officer 

31 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
   
  
  
THE SCHEDULE 

(See rule 33) 

Instructions for the determination of Result 

1. In this Schedule— 

 (1)   the  expression  “continuing  candidate”  means  any  candidate  not  elected  and  not  excluded 

from the poll at any given time. 

 (2)   the expression “first preference” means the figure I set opposite the name of any candidate, 
the  expression  “second  preference”  similarly  means  the  figure  2,  the  expression  “third  preference” 
the figure 3, and so on; 

 (3)   the  expression  “next  available  preference”  means  the  second  or  subsequent  preference 
recorded  in  consecutive  numerical  order  for  a  continuing  candidate,  preferences  for  candidates 
already excluded being ignored; 

 (4)   the expression “unexhausted paper” means a ballot paper on which a further  preference is 

recorded for a continuing  candidate; 

 (5)   the  expression  “exhausted  paper”  means  a  ballot  paper  on  which  no  further  preference  is 
recorded  for  a  continuing  candidate,  provided  that  a  paper  shall  be  deemed  to  be  exhausted in  any 
case in which— 

 (a)  the  names  of  two  or  more  candidates  whether  continuing   or  not  are  marked  with  the 

same figure, and are next in order of preference; or 

 (b)  the  name  of  the  candidate  next  in  order  of  preference,  whether  continuing  or  not  ,is 
marked by a figure not following  consecutively after some other figure on the ballot paper or by 
two or more figures. 

2. Every ballot paper represents at each count— 

 (a) in a Presidential election, the number of votes as determined under rule 30; and 

 (b) in a  Vice-Presidential election,  one vote. 

 3. Ascertain the number of first   preference votes secured by each candidate and credit him with that 

number. 

 4. Add up  the numbers so credited to all the candidates, divide the total by two, and add one to the 
quotient disregarding any   remainder. The resulting number is the quota sufficient to secure the turn of a 
candidate at the election. 

 5.  If  at  the  end  of  the  first  or  any  subsequent  count,  the  total  number  of  votes  credited  to  any 
candidate is equal to, or greater than, the quota, or there is only one continuing candidate, that candidate is 
declared elected. 

6. If at the end of any count, no candidate can be declared elected,— 

 (a)  exclude  the  candidate  who  up  to  that  stage  has  been  credited  with  the  lowest  number  of 

votes. 

 (b) examine all the ballot papers in his parcel and sub-parcels,  arrange the unexhausted papers in 
sub-parcels  according  to  the  next  available  preferences  recorded  thereon  for  the  continuing 
candidates, count the number of votes in each such sub-parcel and credit it to the candidate for whom 

32 

 
such preference is recorded, transfer the sub-parcel to that candidate, and make as  separate sub-parcel 
of all the exhausted papers; and 

 (c) see whether any of the continuing candidates has, after such transfer and credit, secure   the 

quota. 

     If, when a candidate has to be excluded under clause (a) above, two or more candidates have been 
credited  with  the  same  number  of  votes  and  stand  lowest  on  the  poll, exclude  that  candidate  who  had 
secured the lowest number of first preference votes,  and if that number also was the same in the case of 
two or more or more candidates, decide by lot which  of them shall be excluded. 

 All the sub-parcels of exhausted papers referred to in clause (b) above shall be set apart as finally 

dealt with and the votes recorded thereon shall not thereafter be taken into account. 

33 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
 
